Hoops Rumors Originals

Players and teams have to meet certain criteria to earn Bird rights and Early Bird rights, but Non-Bird rights are practically a given.

They apply to a player who has spent a single season or less with his team, as long as he finishes the season on an NBA roster and as long as he’s on a standard contract and not a hardship (10-day) deal. Even a player who signs a rest-of-season contract right before the regular season finale and spends just a single day with his club would have Non-Bird rights in the offseason.

Teams can also claim Non-Bird rights on Early Bird free agents if they renounce them. The primary motivator to do so would be to allow the team to sign the free agent to a one-year contract, a move that’s not permitted via Early Bird rights.

Teams are eligible to sign their own free agents using the Non-Bird exception for a salary starting at 120% of the player’s previous salary, 120% of the minimum salary, or the amount of a qualifying offer (if the player is a restricted free agent), whichever is greatest. Contracts can be for up to four years, with 5% annual raises.

The cap hold for a Non-Bird player is 120% of his previous salary, unless the previous salary was the minimum. In that case, the cap hold is equivalent to the two-year veteran’s minimum salary. If a Non-Bird free agent only has one year of NBA experience, his cap hold is equivalent to the one-year veteran’s minimum salary.

The salary limitations that apply to Non-Bird rights are more severe than those pertaining to Bird rights or Early Bird rights, so in many cases, the Non-Bird exception may not be enough to retain a well-regarded free agent. For instance, the Nets held Jeff Green‘s Non-Bird rights last summer, but couldn’t have used them to match or exceed the offer the veteran wing received from the Nuggets.

Because Green had been on a minimum-salary contract in 2020/21, Brooklyn’s ability to offer a raise using the Non-Bird exception was extremely limited — the Nets would have only been able to offer 120% of the veteran’s minimum using his Non-Bird rights, whereas the Nuggets’ two-year, $9MM offer easily topped that. If they’d badly wanted to retain Green, the over-the-cap Nets would have had to use another exception, such as the mid-level, to make a competitive offer.

The Lakers will be in a similar situation this offseason with Malik Monk, who will only have Non-Bird rights. If they want to retain Monk, the Lakers would have to use cap room (which almost certainly won’t be an option) or their mid-level exception to make their best offer, since they’ll be limited to a starting salary in the $2.5MM range via the Non-Bird exception.

Holding Non-Bird rights on a free agent didn’t really help the Nets with Green and it won’t help the Lakers with Monk, but there are cases in which the exception proves useful.

For instance, the Nuggets only had Non-Bird rights on JaMychal Green last offseason, but because his ’20/21 salary was $7,199,760, Denver was able to offer a starting salary worth any amount up to $8,639,712 (120% of his previous salary). That gave the club plenty of flexibility to re-sign Green without using cap room or another exception — he received a two-year, $16.4MM contract.

A deal completed by the Clippers last offseason provides an example of a team using Non-Bird rights on a minimum-salary player. Nicolas Batum, whose minimum salary would have been $2,641,691 in 2021/22, was eligible to sign for up to 120% of that amount via the Non-Bird exception. As such, his salary this season with Los Angeles was $3,170,029, the maximum he could’ve received using his Non-Bird rights.

Finally, it’s worth noting that a player who re-signs with his previous team on a one-year deal (or a two-year deal that includes a second-year option) and will have Early Bird or Bird rights at the end of that contract would surrender those rights if he consents to a trade. In that scenario, he’d only finish the season with Non-Bird rights.

This happened to Solomon Hill this year, when he agreed to a trade that sent him from Atlanta to New York. Hill would have had Early Bird rights if he had finished the season with the Hawks, but allowing the trade meant he would instead only have Non-Bird rights during the 2022 offseason. That wasn’t a concern for the Knicks, who forfeited their Non-Bird rights to Hill anyway by waiving the injured forward shortly after acquiring him.

Note: This is a Hoops Rumors Glossary entry. Our glossary posts will explain specific rules relating to trades, free agency, or other aspects of the NBA’s Collective Bargaining Agreement. Larry Coon’s Salary Cap FAQ was used in the creation of this post.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron.

Bird rights offer teams the chance to sign their own free agents without regard to the salary cap, but they don’t apply to every player. Other salary cap exceptions are available for teams to keep players who don’t qualify for Bird rights. One such exception is the Early Bird, which applies to players formally known as Early Qualifying Veteran Free Agents.

While the Bird exception is for players who have spent three seasons with one club without changing teams as a free agent, Early Bird rights are earned after just two such seasons. Virtually all of the same rules that apply to Bird rights apply to Early Bird rights, with the requirements condensed to two years rather than three. Players still see their Bird clocks restart by changing teams via free agency, being claimed in an expansion draft, or having their rights renounced.

As is the case with Bird rights, a player’s clock stops when he’s released by a team and clears waivers, but it would pick up where it left off if he re-signs with that same team down the road without joining another club in the interim. For instance, Gary Payton II will have Early Bird rights this offseason because – even though he was waived last fall – he has finished two consecutive seasons with the Warriors and didn’t join another team between his stints in Golden State.

The crucial difference between Bird rights and Early Bird rights involves the limitations on contract offers. Bird players can receive maximum-salary deals for up to five years, while the most a team can offer an Early Bird free agent without using cap space is 175% of his previous salary (up to the max) or 105% of the league-average salary in the previous season, whichever is greater.

These offers are also capped at four years rather than five, and the new contracts must run for at least two years — the second year can be non-guaranteed, but can’t be a team or player option.

Besides Payton, some notable free agents who will have Early Bird rights during the 2022 offseason include Bobby Portis (Bucks), Nicolas Batum (Clippers), and JaMychal Green (Nuggets).

In some instances, teams can benefit from having Early Bird rights instead of full Bird rights if they’re trying to preserve cap space. The cap hold for an Early Bird player is 130% of his previous salary, significantly less than most Bird players, whose cap holds range from 150-300% of their previous salaries.

However, having a player’s Early Bird rights instead of his full Bird rights puts a team at a disadvantage in other cases. For instance, when Christian Wood reached free agency in 2020, his Early Bird rights only allowed the Pistons to offer a starting salary of up to about $10.05MM, a figure the Rockets topped in their three-year, $41MM offer.

In order to match or exceed that number, Detroit would have had to use cap room — having Wood’s full Bird rights would’ve allowed the Pistons to make a far more substantial offer without requiring cap space.

Meanwhile, some players with limited NBA experience are subject to a special wrinkle involving Early Bird rights, called the Gilbert Arenas Provision, which applies to players who have only been in the league for one or two years. We cover the Arenas Provision in a separate glossary entry, so you can read up on the details there. It would apply this offseason to a player like Bucks wing Jordan Nwora, though he seems unlikely to get a huge contract offer.

Finally, one more distinction between Bird rights and Early Bird rights applies to waivers. Players who are claimed off waivers retain their Early Bird rights, just as they would if they were traded. Those who had Bird rights instead see those reduced to Early Bird rights if they’re claimed off waivers. This rule stems from a 2012 settlement between the league and the union in which J.J. Hickson was given a special exception and retained his full Bird rights for the summer of 2012 even though he had been claimed off waivers that March.

Note: This is a Hoops Rumors Glossary entry. Our glossary posts will explain specific rules relating to trades, free agency, or other aspects of the NBA’s Collective Bargaining Agreement. Larry Coon’s Salary Cap FAQ was used in the creation of this post.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron.

The Bird exception, named after Larry Bird, is a rule included in the NBA’s Collective Bargaining Agreement that allows teams to go over the salary cap to re-sign their own players. A player who qualifies for the Bird exception, formally referred to as a Qualifying Veteran Free Agent, is said to have “Bird rights.”

The most basic way for a player to earn Bird rights is to play for the same team for at least three seasons, either on a long-term deal or on separate one- or two-year contracts. Still, there are other criteria. A player retains his Bird rights in the following scenarios:

1. He changes teams via trade. For instance, the Pistons will hold Marvin Bagley III‘s Bird rights when he reaches free agency this offseason, despite just acquiring him in February. His Bird clock didn’t reset when he was traded from Sacramento to Detroit.
2. He finishes a third season with a team after having only signed for a partial season with the club in the first year. The Warriors signed Juan Toscano-Anderson midway through the 2019/20 season, adding him to their roster in February 2020. When his contract expires this offseason, Toscano-Anderson will have Bird rights despite not spending three full seasons with Golden State, because that half-season in ’19/20 started his Bird clock.
3. He signed for a full season in year one or two but the team waived him, he cleared waivers, and didn’t sign with another team before re-signing with the club and remaining under contract through a third season. This one’s a little confusing, but let’s use Toscano-Anderson as a case study once more. After he finished the 2019/20 season with the Warriors, Toscano-Anderson was waived by the team in December 2020. Because the Warriors re-signed him shortly after cutting him and he didn’t join a new team in the interim, the swingman’s Bird clock picked up where it left off once he was back under contract, so he’ll have full Bird rights this summer.

A player sees the clock on his Bird rights reset to zero in the following scenarios:

1. He changes teams via free agency.
2. He is waived and is not claimed on waivers (except as in scenario No. 3 above).
3. His rights are renounced by his team. However, as in scenario No. 3 above, a player’s Bird clock picks up where it left off if he re-signs with that team renounced without having signed with another NBA team. For example, Taj Gibson had Early Bird rights last offseason, then had those rights renounced by the Knicks as the team attempted to gain extra cap room. Since Gibson eventually signed a new deal with New York, he remains on track to secure full Bird rights this summer — that wouldn’t have been the case if he had signed with a new team.
4. He is selected in an expansion draft.

If a player who would have been in line for Bird rights at the end of the season is waived and claimed off waivers, he would retain only Early Bird rights.

Meanwhile, a player with Bird rights who re-signs with his previous team on a one-year contract (or a one-year deal with a second-year option) would lose his Bird rights if he’s traded. As such, he receives the ability to veto trades so he can avoid that scenario.

[RELATED: Players who had the ability to veto trades in 2021/22]

The Bird exception was designed to allow teams to keep their best players, even when those teams don’t have the cap room necessary to do so.

When a player earns Bird rights, he’s eligible to re-sign with his team for up to five years and for any price up to his maximum salary (with 8% annual raises) when he becomes a free agent, no matter how much cap space the team has — or doesn’t have. The maximum salary varies from player to player depending on how long he has been in the league, but regardless of the precise amount, a team can exceed the salary cap to re-sign a player with Bird rights.

A team with a Bird free agent is assigned a “free agent amount” – also called a cap hold – worth either 190% of his previous salary (for a player with a below-average salary) or 150% of his previous salary (for an above-average salary), up to the maximum salary amount. For players coming off rookie scale contracts, the amounts of those cap holds are 300% and 250%, respectively.

The Hornets, for instance, will have a cap hold worth $16,264,479 for Miles Bridges on their 2022/23 books — 300% of his $5,421,493 salary for ’21/22. Charlotte could renounce Bridges and generate an extra $16MM+ in cap flexibility, but the Hornets would then lose the ability to re-sign him using Bird rights, which would force them to use either cap room or a different cap exception to re-sign him. As such, we can count on Charlotte keeping Bridges’ cap hold on the books until his free agency is resolved.

Note: This is a Hoops Rumors Glossary entry. Our glossary posts will explain specific rules relating to trades, free agency, or other aspects of the NBA’s Collective Bargaining Agreement. Larry Coon’s Salary Cap FAQ was used in the creation of this post.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron.